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HomeMy WebLinkAboutJune 23, 2003 Council Meeting Agenda Monday, June 23, 2003 3:30 PM (i) ADOPTION OF MINUTES Regular Meeting of June 16, 2003 (11) 1. RESOLUTIONS To consider Planning & Development Report PD 27-03, concerning Zoning By-law Amendment Application A 24/01, Cougs Investments Limited. To consider Planning & Development Report PD 26-03, concerning Zoning By-law Amendment Application A 3/03, Emix Holding Limited. To adopt the Finance & Operations Committee Report dated June 23, 2003. To consider Corporate & Services Report CS 30-03, concerning 2003 Tax Rates for all Classes of Property and Final Tax Due dates for all Realty Tax Classes except for Commercial, Industrial & Multi- Residential Realty Classes. To be circulated under separate cover PAGE 1-46 47-74 75 (111). BY-LAWS By-law Number 6153/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 19, Concession 1, in the City of Pickering. (A 24/01) PURPOSE: ZONING BY-LAW LOCATION: SOUTH-WEST CORNER OF BROCK ROAD AND FINCH AVENUE APPLICANT: COUGS INVESTMENTS LIMITED 76-81 Council Meeting Agenda Monday, June 23, 2003 3:30 PM By-law Number 6154/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by by-law 4621/95 to implement the Official Plan of the City of Pickering, District Planning Area, Region of Durham in Part of Lot 24, Concession 1, (40R-12678, Parts 6 to 9), City of Pickering. (A 3/03) PURPOSE: LOCATION: APPLICANT: ZONING BY-LAW 1101 KINGSTON ROAD EMIX HOLDING LIMITED By-law Number 6155~03 Being a by-law to dedicate those parts of Lots 54, 55, 56, 58, 116 and 117, Registrar's Compiled Plan 1051, Pickering, designated as Part 1, Plan 40R- 21830, Parts 3, 4, 8, 10, 11, 21 and 22, Plan 40R-21831 and Parts 1, 5, 7, 9, 15 and 16, Plan 40R-21832 as public highway and name them "Goldenddge Road". By-law Number 6156/03 Being a by-law to dedicate those parts of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Parts 1 and 2, Plan 40R-21838 as public highway and name them "Helm Street". By-law Number 6157/03 Being a by-law to authorize the execution of a Lease Agreement between the Corporation of the City of Pickering and TM Mobile Inc. (TELUS Mobility) for the leasing of those lands consisting of part of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, south of Hwy. 7) for the purposes of installing and maintaining communications equipment. 82-85 86-88 89-91 92 Council Meeting Agenda Monday, June 23, 2003 3:30 PM By-law Number 6158/03 93 Being a by-law to approve and authorize the execution of an amendment made as of the 12th day of June, 2003 to the shareholders' agreement made as of the 28th day of September, 2001 amongst The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. By-law Number 6159/03 94 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1691 Picketing Parkway and 400 Kingston Road) By-law Number 6160/03 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2003 and to establish the Tax Rates necessary to raise such sums. To be circulated under separate cover (!V) OTHER BUSINESS (V) CONFIRMATION BY-LAW (VI),, ADJOURNMENT RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 24/01, be APPROVED subject to conditions outlined in Appendix I to Report Number PD 27-03, to permit the development of an apartment building and townhouses on the subject lands being Part of Lot 19, Concession 1, City of Pickering, submitted by Cougs Investments Limited. That the amending zoning by-law to implement Zoning By-law Amendment Application A 24/01, as set out in draft in Appendix II to Report Number PD 27-03, be FORWARDED to City Council for enactment. CARRIED: MAYOR 2 REPORT TO PLANNING COMMITTEE Report Number: PD 27-03 Date: June 5, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 24/01 Cougs Investments Limited South-west corner of Brock Road and Finch Avenue Part of Lot 19, Concession 1 City of Pickering Recommendation: That Zoning By-law Amendment Application A 24/01, be APPROVED subject to conditions outlined in Appendix I to Report No. PD 27-03, to permit the development of an apartment building and townhouses on the subject lands being Part of Lot 19, Concession1, City ofPickering, submitted by Cougs Investments Limited. That the amending zoning by-law to implement Zoning By-law Amendment Application A 24/01, as set out in draft in Appendix II to Report Number PD 27-03, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit the property to be redeveloped for a 7 storey, 140 unit apartment building and 30 townhouse dwelling units. The application is recommended for approval as it is considered compatible with surrounding land uses, proposes appropriate development at a prominent location and conforms to the polices and objectives of the Official Plan (see Location Map, Applicant's Submitted Plans, Attachments #1, #2 and #3). Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 2 3 Background: 1.0 Application Since the public meeting the applicant has revised the proposed development plan. The revision to the plan relates to an eleven unit reduction in the number of dwelling units proposed in the apartment building. Certain site features have also been re-configured. The revised plan proposes t40 apartment dwelling units and 30 townhouse dwellings for 170 total dwelling units (see Attachment #3). A cross section drawing also provided shows the relationship between the proposed development and the existing townhouse complex to the west (see Attachment #4). The applicant also submitted a Traffic Impact Assessment in support of the application. The following is background information on the subject applications: Durham Region Official Plan designation City of Pickering Official Plan designation Zoning: Existing Proposed - Living Area - Mixed USe Area-Mixed Corridor Area - LAC~9 (By-law4081/92) - Appropriate to permit Proposed development Proposed Development Detail Gross Site Area Net Site Area Building coverage Parking coverage Landscape coverage Frontage on Brock Road Frontage on Finch Avenue Number of apartment dwelling units Number of townhouse dwelling units Total number of units Net density Gross floor area for townhouses Gross floor area for apartment building Gross floor area for site Townhouse parking - residents Apartment parking Total parking Surface parking Underground parking - visitors - residents - visitors Original Plan Revised Plan (Attachment #2) (Attachment #3) - 1.707ha - 1.707ha - 1.707ha - 1.619 ha - 31% - 32.5% - 25% - 25% - 44% - 42.5 - 151.8m - 151.8rn - 95.2m - 95.2m - 151 - 140 - 30 - 30 - 181 - 170 - 106 units/ha - 105 units/ha - 5,772 m2 --5,772 m2 - 19,475 m2 --19,079 m2 - 25,247m2 - 24,851 m2 - 60 - 60 - 227 - 210 - 38 - 35 - 333 - 313 - 77 - 69 - 256 - 244 Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 3 2.0 Comments Received 2.1 August 8, 2002 Information Meeting At the Information Meeting one area resident spoke on behalf of the 72 homeowners of the "Chateau by the Park Condominium" (Durham Condominium Corporation #142) that abuts the western property line of the subject property. One other member of the public spoke advising of traffic concerns with the application (see text of Information Report and Meeting Minutes, Attachments #5 and #6). A copy of the speaking notes from the spokesperson for Durham Condominium Corporation #142 that was presented at the August 8, 2002 Information Meeting forms Attachments #7. 2.2 Residents Concerns Since the writing of the Information Report three letters application have been received (see Attachment #8 to #10). include the following: - number of units in apartment building; - building height and massing; quality of the development; traffic; noise, lighting, pollution; and, buffer space between the existing condominium development. of objection to the Concerns expressed and the proposed Following the Information Meeting staff coordinated a residents meeting that was held November 21, 2001. Representatives from Durham Condominium Corporation #142, the applicant and the City attended the meeting. The meeting concluded with the applicant agreeing to provide some additional information and to consider the residents' comments. 2.3 Agencies Durham Planning Department (Attachment #11 ) complies with Regional Official Plan policies a noise study is required prior to development of the land Regional services can be made available the Brock Road ingress/egress be a right-in and right-out design road widening is required along the frontage of Brock Road and Finch Avenue and certain improvements to both streets may be required Toronto and Region Conservation Authority (Attachment #12) no objection subject to satisfying certain requirements such as obtaining a TRCA permit, Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 4 5 2.4 Durham Region Police Services- (Attachment #13) Veddian Connections - (Attachment #14) Bell (Attachment #15) Canada Post (Attachment #16) City Departments Development Control - (Attachment #17) Municipal Property and Engineering (Attachment #18) flood proofing and storm water management no concern subject to the requirement for the Brock Road ingress/egress being a right-in and right-out design no objection subject to satisfying a requirement for a multi-tenant agreement for services no objection subject to satisfying certain requirements such as easements, agreements and servicing requirements no objection subject to satisfying their need for a fully accessible central mail facility certain technical requirements will need to be satisfied, such as construction management plan, sediment control plan, stormwater management, sidewalk location, parking configuration and balcony proximity to right-of-way certain technical requirements will need to be satisfied, such as Brock Road ingress/egress design, refuse/recycling facilities, parking allocation, emergency vehicle access and traffic impact 3.0 3.1 Discussion Proposed Development is Compatible with Surrounding Land Uses The subject property is located at the southwest corner of Finch Avenue and Brock Road. Lands to the north are the Brock Ridge Community Park including open space associated with West Duffins Creek and are not intended for development. Lands to the west have been developed for townhouses. Lands to the south are occupied by existing commemial development. Lands to the east, on the opposite side of Brock Road are occupied by a police station and land associated with an existing vehicle dealership. The subject lands are designated as Mixed Use Areas- Mixed Corridors in the Pickering Official Plan that requires the-land to be developed at a certain level of intensity and scale. The subject lands are also prominent from a municipal urban design perspective. These lands while not within the Downtown Core are located on the "shoulders" of the downtown and mark a certain transition point as where the nature and intensity of land use changes. The proposed development would create a gateway landmark that would help define the different land uses to the north and south of the subject lands. 6 Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 5 The proposed site design with the significant building located along the Brock Road frontage and the townhouses located internal to the site will provide an appropriate transition of building massing between the proposed development and the existing townhouse development to the west. Concern had been expressed by abutting property owners that the massing and height of the building (seven storeys) were too much for the site. Their preference would be that the maximum building height be only four storeys with a reduced unit count. The Planning & Development Department is of the opinion that the proposed building having a stepped height of seven storeys is appropriate for the property. The apartment building is located next to the Brock-Finch intersection and will create the desired focal point feature. On the southern portion of the site the townhouses have been strategically placed internal to the site so they will abut the existing townhouses. On the northern portion of the site the apartment building has been sited 14 metres away from the property line. 3.2 Revision to the Proposed Development is Supported The major change in the plan relates to the reduction in dwelling units in the apartment building. A total of 11 apartment dwelling units have been eliminated. The reduction in units has not significantly altered the apartment building size or massing. The townhouses remain the same in terms of location and number of units. In terms of site layout the major change is the incorporation of a road widening along the Brock Road frontage that has resulted in an adjustment to the surface parking layout including a reduction in surface parking. 3.3 Proposed Development is LoWer Intensity than Existing Zoning Permits The proposed use is a reduction in intensity to what the current as-of-right uses are permitted in the existing zoning by-law. The existing by-law permits commercial uses including offices, hotel, certain retail and restaurant uses. The existing zoning also requires the building massing to be greater than the proposed development as the by-law requires a minimum building of ten storeys and permits a maximum of 15 storeys. 3.4 Complies with the Regional and City Official Plans The subject application is consistent with and in general conformity to the Durham Regional Official Plan and the City of Pickering Official Plan. The proposed net density of the subject site is 105 units per hectare, which is clearly within the density range for the Mixed Use Area - Mixed Corridor Area designation (30 units per hectare to 140 units per hectare). Given that there is a mix of uses in the immediate neighbourhood, the proposed development of an apartment building and townhouses is considered compatible and appropriate for the area. The proposed use conforms to, and is compatible with, the designation and polices of the Official Plan. Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 6 3.5 Intensification in Compliance with Official Plan The subject application is consistent with and in general conformity with the principles of Smart Growth. The application proposed appropriate intensification at an appropriate location. The subject property is located at the intersection of a Type A Arterial Road and a Type B Arterial Road that is appropriate serviced and is close to community amenities. Intensification is encouraged at locations that take advantage of existing infrastructure. 3.6 Technical Matters Site Access Site ingress/egress from both Brock Road and Finch Avenue will be designed to have the least amount of impact on the abutting streets. The Brock Road ingress/egress must be designed as a right-in/right-out access. The Finch Avenue driveway will also have to be designed to ensure the level of service on Finch Avenue is not compromised. These detail design matters can be achieved through site plan and/or condominium process. Traffic Study A Traffic Impact Assessment report was submitted with the revised application. This study examined the traffic movement that would be generated from the proposed development and the impact on the existing traffic on both Brock Road and Finch Avenue. The report recommended that certain road improvement be undertaken to ensure the existing level of service that is provide by the two streets is not impacted by the proposed development. These improvements include a right-in/right-out access from the Brock Road driveway and the existing centre median on Brock Road be extended. On Finch Avenue the proposal is to re-stripe the street across from the proposed driveway to create a left turn lane into the site from the westbound lane. The Region, Police Services and the City have reviewed the traffic report and revised plan and all have no objection subject to clarification on certain technical design details that can be concluded during the site plan approval process if this application is approved. Fencing/Buffering Required Adjacent to Existing Property This development is an infill situation where new residential development is being introduced next to existing development. The design of the plan is such that it introduces townhouse rear yard conditions, parking and driveways next to an existing townhouse rear yards. A concern for privacy for existing development was raised at the statutory public meeting for this application. 8 Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 7 In order to lessen the impact of new residential development on existing residents, it is recommended that the developer be required to ensure the existing wood fence along the western property line is maintained as well as the existing vegetative screening provided by the existing spruce trees and lilac shrubs. In the area next to the driveway and parking areas additional . planting may be incorporated into the final site design to enhance the buffering. The materials for this landscaping will be determined during the site plan approval stage if the application is approved. The rear yard depth for the proposed townhouses that will abut the existing residential development should be a minimum of 6.0 metres. This is an increase of the .applicant's proposed 5.0 metres and would match the existing 6,0 metre yard depth of the existing development. The increased yard depth in combination with the existing vegetation, fencing, and additional planting will provide an adequate separation/buffer space between the existing townhouses and the proposed development that will address the concern for an appropriate buffer. Along the southern property line, that abuts the existing commercial proper[y, there is an existing wood fence and row of mature spruce trees. The condition of the wood fence will be reviewed during the site plan approval process. If this fence needs to be replaced the owner would be responsible for the construction of the new fence. The spruce trees should be assessed and all the healthy trees should be preserved. Development Agreement Required A development agreement between the City and the owner of the lands will be required to ensure that all matters of interest to the City are protected. This required agreement, and other development implementation matters, will be addressed through site plan and/or condominium process. Sidewalks along Brock Road and Finch Avenue A sidewalk currently exists along the south side of Finch Avenue and along the west side of Brock Road. If these sidewalks .are to be altered due to road widening, the sidewalks will have to be replaced to the satisfaction of the City of Pickering. Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 8 9 Existing Sales Presentation Pavilion Office The subject property currently houses an existing sales presentation pavilion office that is used by the applicant for their developments throughout the municipality. This use is a permitted use by the existing zoning on the property. It is recommended that the sales presentation pavilion office not be recognized in the amending zoning by-law that is proposed for the apartment building and townhouses. This would result in the sales presentation office use becoming a legal non-conforming use. When this use ceases operation it could then become some form of an accessory use to the permitted uses on the property. 4.0 Applicant's Comments The applicant is aware of the recommendations of the report. l0 Report PD 27-03 Subject: Cougs Investments Limited (A 24/01) June 5, 2003 Page 9 Attachments: 1. Location Map 2. Applicant's Original Submitted Plan 3. Applicant's Revised Submitted Plan 4. Applicants Cross-section Drawing 5. Information Report 6. Minutes from Public Information Meeting 7. Residents speaking notes from Public Information Meeting 8. Resident Comment - Marilyn Lurz and Peter Dowsett 9. Resident Comment- Jacquelyn Gray and Terence Wood 10. Resident Comment- Peter and Karen Forint 11. Region of Durham Planning Department 12. Toronto and Region Conservation Authority 13. Durham Region Police Services 14. Veddian Connections 15. Bell 16. Canada Post 17. City of Pickering - Development Control 18. City of Pickering - Municipal Property and Engineering Prepared By: Ross Pym, MCIP, RPP Principal Planner- Development Review Approved / Endorsed By: Nell Carroll~Mc~P Director, Pla~'g & Development Lynd~. T~ylo~, MCIP, RPP Manager, DeVelopment Review RP:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Cou_.Qc_[I ,. , T/d'om&s J. eu~, Chi~f_j~dministr~tl~Offi...~cer APPENDIX I TO REPORT NUMBER PD 27-03 11¸ RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 24/0'1 That the subject lands be rezoned from a "LAC-9" zone in Zoning By-law 3036, as amended, to a "RH/MU-3" zone, to permit the development of a 140 unit apartment building and 30 townhouse dwelling units as generally presented on the applicants submitted plan. That the owner is required to satisfy the following matters during the site plan approval process and/or application for approval of draft plan of condominium: a) That the owner enter into an appropriate agreement with and to the Satisfaction of the City of Pickering that will address, amongst other matters; noise attenuation, servicing, construction management plan, fencing, easements, road restoration, sidewalk replacement, road cleaning, grading and drainage, boulevard tree planting, driveway location and paving, stormwater management, parkland dedication requirements with cash-in-lieu, refuse/recycling facilities, required securities to safeguard the City and satisfying the City financially, including the payments required to satisfy the Development Charges Act. b) That the owner submits appropriate landscape plans, to the City's satisfaction, which addresses the location and style of fencing and/or vegetative screening along the western and southern property lines. c) That the owner submit to the City of Pickering an appropriate siting and architectural design statement and that the owner agrees to implement the recommendations of the siting and architectural design statement in the required development agreement. d) That the owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features satisfactory to the Region of Durham and the City of Pickering. e) That prior to any site grading the owner submit, to the City's satisfaction, a vegetation preservation plan that identifies any vegetation to be preserved, the method of preservation and identifies trees to be removed. f) That the owner submits, to the City's satisfaction, appropriate stormwater management plans. 12 APPENDIX II TO REPORT NUMBER PD 27-03 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 24101 CORPORATION OF THE CITY OF PICKERING BY-LAW NO. : ~,QF~ Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 19, Concession 1, in the City of Picketing. (A 24/01) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 4081/92, amending By-law 3036, to permit the establishment of an apartment residential, senior citizens apartment residential, hotel, banquet hall, office, office support commercial and hotel support commercial uses on the subject lands AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 3036, as amended by By-laws 4081/92 to permit an apartment building and townhouse uses on the subject lands; AND WHEREAS an amendment to By-law 4081/92 to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEi Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, Concession 1, designated "RH/MU-5" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. Text Amendment (1) Section 4. DEFINITIONS, adding in a new definition after number (10) being a new number (11) and renumber the rest of the definitions in this Section so that the new number (11) will be the following: (11) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above-grade wall or walls; (2) Section 5. PROVISIONS, Subsection (2) Uses Permitted ("LCA-9 Zone) of By-law 4081/92, is hereby amended by deleting this Subsection and replacing it with the following: (2) (a) Uses Permitted "RH/MU-5"Zone No person shall within the lands designated "RH/MU-5" on Schedule attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Multiple Dwelling - Horizontal (ii) Multiple Dwelling - Vertical 13 14 (3) -2- (b) Zone Requirements ("RH/MU-5"Zone) No person shall within the lands designated "RH/MU-5" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) BUILDING HEIGHT A (maximum): 7 storeys, for any multiple dwelling-vertical; and, 3 storeys for any multiple dwelling-horizontal; B (minimum): 5 storeys, for any multiple dwell!ng-vertical; (ii) BUILDING LOCATIONS: Not withstanding any other requirements of By-Law 3036, as amended, the following requirements shall regulate building locations on lands zoned "RH/MU-5". A: For multiple dwelling-vertical building the minimum yard depth from' Brock Road shall be 2.0 metres and the maximum yard depth from Brock Road shall be 4.5 metres; B: For multiple dwelling-vertical building the minimum yard depth from Finch Avenue shall be 2.0 metres and the maximum yard depth from Finch Avenue shall be 4.5 metres; C: For multiple dwelling-horizontal building the minimum yard depth from the western lot line shall be 6.0 metres; D: For multiple dwelling-horizontal building the minimum yard · depth from the southem lot line shall be 6.0 metres; E: Notwithstanding any other requirement of this By-law, balconies on a multiple dwelling-vertical building may project into any minimum yard depth to a maximum projection of 1.5 metres; (iii) NUMBER OF DWELLING UNITS A: The maximum number of multiple dwelling-vertical units shall be 140 dwelling units; B: The maximum number of multiple dwelling-horizontal units shall be 30 dwelling units; Section 5. PROVISIONS Subsection (3) Parking Requirements of By-law 4081/92, is hereby amended.by deleting paragraph (d) and replacing it with the following: (d) For lands designated "RH/MU-5". (i) For a multiple dwelling-vertical use there shall be provided and maintained on the lot a minimum of 1.5 parking space per dwelling unit for residents and 0.25 parking spaces per dwelling unit for visitors; -3- (ii) For a multiple dwelling-horizontal use there shall be provided and maintained on the lot a minimum of 1.5 parking space per dwelling unit for residents and 0.3 parking spaces per dwelling · unit for visitors. (4) Section 5. PROVISIONS Subsection (4) SPECIAL REGULATIONS of By-law 4081/92, is hereby deleted. BY-LAW 3036 By-law 3036, as amended BY By-law 4081/92, is hereby further amended only to the ex[ent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this day of ,2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 15 16 SCHEDULE "r TO BY-LAW PASSED THIS DAY OF 20O3 MAYOR CLERK City of ?ickoring ~lanning & Dovolopmont Do~artmont PROPERTY DESCRIPTION PART OF LOT 19, CONCESSION 1; PART 3, 40R-15638 APPLICANT COUGS INVESTMENTS LTD. DATE JUL 2, 2002 DRAWN BY JM ~/~ APPLICATION No. A 24/01 SCALE 1:7500 CHECKED BY lB FOR DEPARTMENT USE ONLY PN-9 PA- 18 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN COUGS INVESTMENTS LTD. A24/01 ORIGINAL PLAN FINCH AVENUE m m 7STOREYS 151 UNIT APARTMENT BUILDING 1 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN COUGS INVESTMENTS LTD. A24/01 REVISED PLAN '3 FINCH AVENUE 7STOREYS 140 UNIT APARTMENT BUILDING 19 0 2O CROSS SECTION -INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 24/01. JEREMIAH COUGHLAN ~ !' ~ ~'~,PD EXISTING TOWNHOUSES PROPOSED DEVELOPMBNT PROPE ROYAL ROAD TH BLOCK 'A' L 2 & 3 STOREY FFE = :~ 87.43 't40m TH BLOCK'H' 25.Orn ': FFE = :t 87.43 PROPERTY L NE BETWEEN PROPERTIES SECTION I 25.0m FFE = :~ 87.15 SECTION 2 THIS MAP WAS PRODUCED BYTHE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, MAY 26, 2003. PI,CKERING ATTAGH , EN' # T0 21' INFORMATION REPORT NO. 25-02 FOR PUBLIC INFORMATION MEETING OF August 8, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 24/01 Cougs Investments Limited South-west corner of Brock Road and Finch Avenue Part of Lot 19, Concession 1 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject lands are located on the west side of Brock Road, south of Finch Avenue; a property location map is provided for reference (see Attachment #1); the majority of the subject lands are currently vacant; there is one structure in the south-east corner of the property used for a house sales presentation pavilion; the property currently has access from both Brock Road and from Finch Avenue; surrounding land uses are; north south east west on the opposite side of Finch Avenue, the Brock Ridge Community Park; existing commercial plaza; on the opposite side of Brock Road, a police station and lands that are currently subject to a rezoning application to permit the expansion of the existing vehicle dealership; townhouse complex. 2.0 APPLICANT'S PROPOSAL - the application that is being considered is to amend the zoning by-law to permit the redevelopment ,of the subject property for a residential complex that will include an apartment building containing a proposed 151 apartment dwelling units and 30 townhouse dwelling units; the applicant's submitted plan is provided for reference (see Attachment #2); the apartment building is proposed to be sited along the street frontage of Brock Road and Finch Avenue and the townhouses are proposed to be located in the interior of the site; the apartment building has been designed to have a prominent focal point that will be located at the corner of Brock Road and Finch Avenue; the apartment building will have a general massing of seven storeys with the ends being six storeys; - the townhouse blocks are designed with two storey units at the ends and three storey units in the middle of the townhouse blocks; - the proposed access points are in the general locations of the existing driveways into the property, being one access from Brock Road, north of the existing sales presentation pavilion .and the other off of Finch Avenue close to the western property line; 22 Information Report No. 25-02 Page 2 2.1 ~ the majority of the parking will be accommodated in a proposed underground parking garage; - the house sales presentation pavilion is proposed to remain in the short term. Development Detail The following is proposed development detail for this application: Durham Region Official Plan designation - City of Pickering Official Plan designation - Zoning: Existing Proposed Uses: Existing Proposed Site area - Building coverage - Parking coverage - Landscape coverage - Frontage on Brock Road - Frontage on Finch Avenue - Number of apartment dwelling units - Number of townhouse dwelling units - Total number of units - Net density - Gross floor area for townhouses - Gross floor area for apartment building - Gross floor area for site - Townhouse parking - residents - - visitors - Apartment parking - residents - - visitors - Total parking - Sun:ace parking - Underground parking - Living Area Mixed Use Area -Mixed - Corrid o r Area LCA-9 (By-law 4081192) Appropriate to permit proposed development House sales presentation pavilion and vacant land Residential development consisting of a 151 unit apartment building and 30 townhouses 1.707 ha 31% 25% 44% 151.8 m 95.2 m 151 30 181 106 units/ha 5,772 m2 19,475 m2 25,247 m2 60 8 227 38 333 77 256 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reqional Official Plan the Durham Regional Official Plan designates the subject lands as within a Living Area; the Durham Regional Official Plan states that Living Areas are intended to be predominantly used for housing purposes; Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads; Brock Road is designated as a Type A Arterial Road and Finch Avenue is designated as a Type B Arterial Road in the Durham Regional Official Plan; the application appears to conform to this designation; 3.2 Pickerinq Official Plan the Pickering Official Plan designates the subject lands as Mixed Use Area - Mixed Corridors; Information Report No. 25-02 Page 3 ~, ,'r'TACHMENT #~TO 23 permissible uses within this designation include, amongst others, a variety of residential uses including apartment buildings and townhouses; the Pickering Official Plan establishes a density range of over 30 and up to and including 140 dwelling units per hectare for development within an Mixed Use Areas - Mixed Corridors; the proposed development would provide a net density of 106 units per hectare; - the subject property is within the Village East Neighbourhood of the Qfficial Plan; no development guidelines have been prepared for this neighbourhood; Schedule II of the Pickering Official Plan - Transportation Systems, designates Brock Road where it abuts the subject lands as a Type A Arte#al Road and Finch Avenue as a Type B Arterial Road; Type A Arterial Roads are designed to carry large volumes of traffic at a moderate to high speeds, have some access restrictions and generally have a right-of-way width ranging from 36 to 50 metres; Type B Arterial Roads are designed to carry moderate volumes of traffic at moderate speeds, have some access restrictions and generally have a right-of-way width ranging from 30 to 36 metres; - Schedule III of the Picketing Official Plan - Resource Management designates the subject lands as Shorelines And Stream Corridors and within Flood Plain Special Policy Areas; Shorelines and Stream Corridors identify lands that may be prone to hydro-fluvial impacts and require an environmental report to be submitted that appropriately addresses any environmental constraints on the subject property; Flood Plain Special Policy Areas identify lands where communities have developed on lands susceptible to flooding, and recognizes the continued viability of those areas by permitting some new development, subject to appropriate flood protection measures as set out in the Official Plan; - the Official Plan identifies that the City and Conservation Authority may require the submission of engineering and stormwater management studies when considering applications on lands designated Flood Plain Special Policy Area; the subject applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; 3.3 Zoning By-law 3036~ as amended the subject lands are currently zoned "LCA-9" by Zoning By-law 4081/92, being an amendment to Zoning By-law 3036; the existing zoning permits a variety of commercial uses including hotel, offices, restaurant, personal services and limited retail; the existing zoning also requires a portion of the building on the subject lands be a minimum of 10 storeys in height, and permits a maximum building height of 15. storeys; an amendment to the zoning by-law is required to implement the applicant's proposal; the applicant has requested an appropriate zone that would permit the proposed development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to-date on the application; 4.2 A.qency Comments no comments from any of the circulated agencies have been received to-date on the application; Information Report No. 25-02 ,, ,.!, ~'7. Page 4 4.3 Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: · ensudng that the proposed development is compatible with, and sensitive to, surrounding lands; · the impact the proposed use / site changes may have on the character of the neighbourhood as compared to the as-of-right permitted zoning uses; · impact on the streetscape of Brock Road and Finch Avenue; traffic generation, site access and on-site parking; · building location, massing, height and materials; · landscaping, fencing, and vegetation preservation; · stormwater management and flood control requirements; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding the zoning by-law amendment application, you must request such in writing to the City Clerk; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. 6.0 OTHER INFORMATION 6.1 Information Received copies of the Applicant's submitted plans are available for viewing at the offices-of the City of Pickering Planning & Development Department; the City of Picketing has not received any technical information / reports on the proposed application. 6.2 Company Principal the Zoning By-law Amendment application has been submitted by Gary Templeton of Templeton-Lepek Limited on behalf of Cougs Investments Limited; the principle of Cougs Investments Limited is Gerry Coughlan. ORIGINAL SI6NND BY Ross Pym, MCIP, RPP Principal Planner - Development Review RP:td Attachments O~O~J~T., SI6'I~TED BY Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development 25 Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Wednesday, August 8, 2002 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (11) ZONING BY-LAW AMENDMENT APPLICATION A 24/01 COUGS INVESTMENTS LIMITED (SOUTHWEST CORNER OF BROCK ROAD AND FINCH AVENUE) ¸, Lynda Taylor, Manager, Development Review, on behalf of Ross Pym, Principal Planner- Development Review, provided an explanation of the application, as °utlined in Information Report #25-02. Gary Templeton, agent for the applicant, advised that they have been working extensively with staff to meet the Pickering Official Plan policies for the proposed site plan. He further stated that the proposal is positive as it reduces the area of impact from what would currently be permitted under the existing zoning, while providing an attractive development including an apartment building at the corner. Vic Phillips, 1995 Royal Road, spoke on behalf of the 72 homeowners at 1995 Royal Road. Mr. Phillips stated that the residents support an amendment to the zoning by-law but request that only a four story building be permitted, not a seven story structure, that a buffer zone with green space separating their complex from the new development, and that a development of similar quality to theirs be constructed. In response to Mr. Phillip's request, Lynda Taylor confirmed that staff would contact Mary Power to arrange a resident meeting; once staff have had an opportunity to review agency comments and to address any staff concerns with the application. Richard Ward, 3709 Regional Road 9, Orono, stated that he has concerns with potential traffic problems. He further stated that he was disappointed that the opportunity for a hotel was being deleted as he felt is was a suitable location. Mr. Ward requested that this application be held in abeyance until his outstanding complaints with the City, respecting the applicant, have been resolved. Gary Templeton, agent for the applicant, stated that they will take any comments received under advisement and will work with the City to move this application along. 26 Coughlin Speech For August 8-2002 f~LANNING AND Members of the Planning. Department interested parties .... Good Evenin~I am Vic Phillips one of 72 homeowners at 1995 Royal Road...speaking on behalf of all the residents of the development called Chateau by the Park. First we are in favour of an amendment to the zoning bylaw which is required in order to implement the proposed development by Cougs investment owned by Jerry Coughlan .... BUT...we ask council and the builder to make some changes to the plan as described in the diagrams dated July 2-2002. First and foremost we strongly oppose the proposed seven story apartment building with 151 dwellingunits. A building of that height would stand out like a monolith in the area of Brock Road and Finch Avenue...which now has the Rouge system, a beautiful heavily wooded area with a creek directly across the street to the North...our unique low rise development to the West and another treed area to the East with a modern low level attractive police buildlng overlooking the area. A seven storey building would JUST NOT BLEND into the area. It would stand out like a sore thumb..~no matter how attractive the exterior. The building would affect the quality of life in the area...it would block off the view of those who can now look out at parkland...and would pose additional traffic, noise, and pollution problems. Royal Road, a now quiet residential street would no doubt see a drastic increase in traffic as the influx of some three hundred more vehicle~ and. four hundred new residents move into the development. Not to mention the daily movement of service vehicles catering to a sudden burst of at least 400 new residents. We SUGGEST a four storey apartment building of similar quality to our complex would definitely be more suitable for the area rather than an unsightly taller seven storey structure...We do not oppose the 30 unit proposed townhouse development. We understand there is a need for housing in Pickering and we do not oppose progress, growth, and the increase in tax revenue. We do however ~oppose a 151 unit high rise...which would affect the quality of life we now enjoy. A four storey building would mean fewer vehicles, less traffic, less congestion, and no doubt less crime. We have had one breakin in seven years in our complex .... not because of a low crime rate in Pickering but because of the police building located directly across the street. Police have an unobstructed view of our complex which is a definite deterrent to criminals. This will change to some extent ...but the problem will be lessened with a four storey building.. NOT with the proposed seven storey dwelling which would not only block out sunlight but also the view of police officers as they cruise along Brock Road. I am not whistling dixie on that point. As a crime reporter for thirty some years in Toronto I can attest to the negative changes which occur in a low rise neighborhood...sudden]y overshadowed by one large structure. Three fewer stories will mean less crime, less traffic congestion ,less noise and would allow the area to retain its quiet beauty. Brock Road is currently the last stop on the heavily traveled 407 highway .... people entering Pickering now pass by the Rouge area with an attractive ball park nestled in a wooded area. This is a nice impression of Pickering..that impression should not be overshadowed by a seven storey building. This goes beyond the concerns of area residents...Brock Road is a main entrance into and out of Pickering...it should look good.., in keeping with the tranquil impression of the area. Already the intersections of Brock Road, Finch Avenue and Kingston Road are congested during rush hours and is considered a high accident area according to police. Lets not make it much worse. We don't need to make the same mistakes as Toronto, Scarboro and other municipalities. Big is not better. 27 We also request a proper buffer zone between the proposed development and our complex. Currently a large number of evergreen trees border our property to the East .... besides being attractive they also act as a sound barrier. We ask that they not be cut down and we ask that there be breathing space of at least twenty feet between the proposed parking lot and townhouse development and our complex. Jerrry Coghlan promised us a development of similar quality and appearance to the Chateau by the Park back in 1996. He has an excellent reputation as a developer and we know he will keep his word. We ask that the quality of life we have enjoyed in the past six years not be compromised by a development of lesser quality. We now live in a quiet area...where grandchildren come to visit. Children feel safe along. Royal Road where traffic now is minimal. Crime is almost unheard of, traffic accidents are a rarity and people are happy. We expect some changes to our current lifestyle will occur that's a given but lets keep the changes under control. To sum up...all we want is a four storey building...not a seven storey structure. A buffer zone with green space separating us from the new development and a development of similar quality to the one in which we now live. Thank you 28 July 29, 2002 ECE ¥ED C~TY OF P -- JUL 3 '/2002 ATTACHN",ENT # ~" TO Bruce Taylor REPORT # PD~ City Clerk City of Pickering Planning & Development Department One The Esplanade Picketing, ON L1V 6K7 Dear Mr. Taylor: Subject: Zoning By-law Amendment Applicatio~ A24/01_../ Cougs Investments Limited~ ' Southwest comer of Brock Road and Finch Avenue Part of Lot 19, Concession 1 City of Pickering We are writing w/th respect to the above zoning by-law amendment. Please note that we were given very short notice of the upcoming meeting on August 8. Although your letter is dated July 11, 2002, it was only received at our premises on July 19, 2002. Unfommately, we are on vacation next week and will be unable to attend the meeting. This timing, at the height of the vacation season, makes it very difficult for many people to attend. We request that you change the date to September to ensure that the maximum number of residents in our complex are able to attend. If the meetLng goes ahead as scheduled, in our absence, we would like to go on record to indicate our concerns. We are in support of the proposed amendment, w/th the following. conditions: that the development be equivalent to or better than our complex at 1995 Royal Rd., in terms of quality and value of the townhouses, and that the aperient building be similar quality - our main concern here is protection/enhancement of property value, given that we own what is considered to be prestige property in the area that a thorough traffic study be conducted on the effects of adding 181 units to the area- specifically, the already congested flow of traffic in mst hourS, morning and afternoon, will be affected significantly by the development, and we want to ensure that this is taken into account A~TAGHMENi #_~,TO 29 that adequate sound buffering between the proposed development and the current townhouses is provided- to ensure the residents receive the quiet enjoyment of their backyards that adequate setback, sound and light buffering between the underground parking entrance and the property line be provided - people exiting the underground garage will be pointed directly at the windows of several existing residences that adequate setback and sound buffeting between the parking lots and the property line be provided that adequate setback between the proposed townhouses and the property line be provided that the existing greenery next to the fence, including the nicely developed trees, be maintained. If you would like to discuss any of the above points with us, please feel free to contact us at the phone numbers below. As long-time residents of the area, we appreciate your attention to our concerns and expect that progress regarding this matter will take the above concerns, and those of other local residents, into account. Sincerely, Marilyn Lurz Peter Dowsett 1995 Royal Road, Unit 113 Picketing, ON L1V 6V9 Phone # 905-619-0380 (res.) 416-513-5616 (bus.) CC: David Pickles, Councillor Board of Directors, Chateaux by the Park 30 %./ 31 32 [,PTIR& KAREN FORINT t 103 - 1995 Royal Road/' ?'~AC ~?~B~,~~r Picketing, ON L1V6V9 ~0~'~ ~:' PD tel. (905) 683-6716. e-mail: forint@canada.com 33 31-Jul-02 Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1V 6K7 Re: Zoning By-law Amendment Application A 24/01 CITY OF PtOKERING ~ENT DEPARTMENT Dear Sir or Madam: We are writing in response to the letter sent by Bruce Taylor dated 11-Ju1-02, as we are unable to attend the upcoming public meeting on 8-Aug-02. We wish the to go on record with the following comments: Any change in zoning to the subject property must have a neutral or positive affect on the quality of life on the residents of Durham Condo Corporation 142. Any change in zoning to the subject property must have a neutral or positive affect on the re-sale values of the homes that make up Durham Condo Corporation 142. As such, we are very concerned about the proposed plans for the subject property by Cougs Investments Limited, as their proposed plans have many deficiencies, which are described below with possible solutions. Deficiency: The planned driveway entrance and exit are immediately adjacent to the rear of several homes of Durham Condo Corporation 142. The increased noise, vibration, and pollution will reduce the quality, of life of residents by reducing the utility of their rear facing windows, doors, and patios. Solution: The driveway entrance and exit to the underground parking must not be adjacent to the property of Durham Condo Corporation 142. Only the backyards of new town homes should be permitted adjacent to the property of Durham Condo Corporation 142. Deficiency: Cougs Investments Limited has been less than open as to their plans for the property. They have refused to commit to the type of development (i.e. condominium, rental apartment or freehold) they have planned. They have refused to comment on the planned price points of units in the proposal. The construction of apartments, lower price point condominiums, or lower price point freehold homes, would have an adverse affect on the re-sale values of the homes of Durham Condo Corporation 142. 34 ]PE'I ER & KAREN FORINT Solution: The City should permit only condominiums on the subject .property, and these condominiums should be of quality and price points as high or higher relative to the properties of Durham Condo Corporation 142. Deficiency: The location of garbage and recycling dumpsters has not been determined. As such they could be located adjacent to the properties of Durham Condo Corporation 142, reducing the quality of life of its residents due to noise and air pollution. · Solution: Garbage and recycling dumpsters must be located in an enclosure along the Brock Street side of the subject property. We believe that the solutions above are fair and reasonable for both the residents of Durham Condo Corporation 142 and Cougs Investments Limited. Regards, Peter Forint Karen Forint cc. Board of Directors, Durham Condo Corporation 142 -2- The Regional Municipality of Durham Planning Department 1615 DUND,~S ST. E.' 4TH FLOOR, LANG TOWER WEST BUILDING P.O. BOX 623 September 16, 2002 Ross Pym, Principal Planner Planning & Development Department ()ne the Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Pym: Re: Zoning Amendment Application A 24/01 Applicant: Cougs .Investments Limited LoCatiOn: Part of Lot 19, Concession 1 Municipality: City of Pickering RF_CF_Ii,VF-D l 8 2002 CITY OF PICKERING PLANNING AND DEYELOF'IMENT DEPARTMENT WHITBY, ON L1N 6A3 (905) 728-7731 FAX: (905) 436-6612 www. reg~on .durham.on .ca A.L Georgieff, MCIP, RPP Commissioner of Pianning We have' reviewed this application and the. following comments are offered with respect' to compliance with the Durham Regional Official Plan, the proposed 'method of servicing and delegated provincial plan review res ponsibilities. The purpose of the application, is to permit the development of a residential complex supporting a 151-unit apartment building and 30 townhouse dwelling units. The subject property is designated "Living Area" in the. Durham Regional Official Plan. Lands within this designation are to be used predominantly for 'housing purposes. Living Areas are to be planned and developed to incorporate the widest possible.variety of housing types, sizes and tenure to.provide living accommodations that address various socio- economic factors. The proposed amendment is in conformity with the Durham Regional Official Plan. Municipal water'SupPly and sanitary Sewer Service-~ Direct water supply connections to the existing 600 mm H.'P.C. feedermain on Brock Road is not permitted. Therefore, water.supply is not immediately available to the'frontage of the subject property. 'The applicant will be responsible for extendi, ng the existing 300 mm watermain located at the intersectiOn of Finch Avenue and Brock Road acr°ss the frontage of the sUbject lands at their cost. Sanitary sewer service is available on Finch Avenue. Transportation The proposed access to Brock Road must be contrOlled to permit right-in and right.out turn movements only. This will require partial "$ER~,CE EXCELLENCE fO~' ai~.r:CO~UNITY,, 100% Post Consumer '¸36 Page 2 reconstruction tothe existing raised centre median island on Brock Road, without affecting the access on the Opposite side oft-he road. The final design may require modifications to the access throat in,order tO provide directional islands, if' required. '.' ' The.c0nstruction. of a southbound right-turn lane is required to service .the proposed Brock Road access.. In addition, the construction 'of an eastbound right-turn lane on Finch Avenue is required to Service. the -.Finch. Avenue' access. The applicant w. ill be'responsible for preparing a geometric design, which accommodates the back to'back left turn demands for the proposed .Finch .AVenue access, and vehicles` turning 'left at the west approach of .FinCh Avenue and Brock Road. - The Owner.'is required to conveYa road Widening along the Finch 'Avenue frontage, which will resUlt in an overall right-of-way width of 18.0 metres from the existing centreline'of the road. 'The Owner.will al'so.be required' to convey a road widening along the.Brock ROad frontage, which will result in an overall right-of-way width of 22.5 metres from the existing centreline of the road.' 'The 'Regiona. Works Department will provide information.with -respect to access details and sight triangle requiFements for th'e proposed access locations and the south-West corner of 'Finch:Avenue and BroCk Road"' upon. receipt Of a detailed site plan. ThiS application has 'been ~creened in accordance withthe terms of the provincial plan review responsibilities. 'The subject site abuts Brock Road, a Type~A arterial road, and Finch Avenue,.a Type-B arterial .rOad. A. Noise Study Should.be completed prior .to thedevelopment, of the -lands.: All matters of pr0vinoial interest can be addreSsed through, the' draft plan of' condominium/subdivision process. If you have any questions, or require additional information, please Call. me. Yours 'truly, Ray Davies, Planner Current Operations Branch cc. Rob Roy, .Durham Region Works Department R:~training~Czoning\pickefing a24*01.doc for The Living City August16,2002 BY FAX AND MAIL Mr. Ross Pym City of Pickering Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 3? CFN Dear Mr. Pym: Re: Zoning By-law Amendment Application A 24./01 Cougs Investments Limited Southwest Corner of Brock Road and Finch Avenue Part of Lot 19, Concession 1 City of Pickering This will acknowledge receipt of the above noted application. Authority staff have reviewed the proposal and now offer the following comments. It is our understanding that the purpose of this application is to amend the current zoning from "LCA-9" to permit the development of a residential complex containing an apartment building having 151 apartment dwellings and 30 townhouse dwelling units. Authority staff note that the subject property is located entirely within a Fill Regulated Area and entirely within the Regional Storm Flood Plain associated with Duffins Creek. In accordance with Ontario Regulation 158 (the Authority's Fill, Construction and Alteration to Waterways RegulatiOn), a permit is required from the Toronto and Region Conservation Authority (TRCA) prior to any of the following works taking place: (a) construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area susceptible to flooding during a Regional storm; (b) place or dump fill or permit fill to be placed or dumped in the areas described in the schedules (i.e. within a Fill Regulated Area), whether such fill is already located in or upon such area, or brought to or on such area from some other place or places; The subject property is also located within a designated Special Policy Area (SPA). The SPA designation recognizes that, for a community which has historically existed in the flood plain, strict adherence to Province-wide policies prohibiting development in the flood plain would F:\PRS\N ORA259\PUBLIC\A24-01 .WPD 5 Shoreham Drive, Downswew, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www. trca.on.ca 38 - 2 - August 16, 2002 result in social and economic hardships. Therefore, in accordance with the Authority's .Valley and Stream Corridor Management Program (VSCMP) and the SPA criteria, development is permitted in the flood plain provided that flood proofing measures are incorporated and a permit pursuant to Ontario Regulation 158 is obtained. As the proposed development is located within the stream corridor, we also require proper stormwater management techniques and erosion and sedimentation control measures to be employed both during and after construction in order to ensure that there are no negative impacts to the downstream areas. By copy of this letter, please advise the applicant that through the review of the site plan application, an updated SWM report and sediment and erosion control details will be required. In addition, through the review of the permit application, TRCA staff will require that the proposed development is adequately flood proofed. Based on the above, we have no objections to the approval of the 'subject zoning application, as submitted. We trust this is satisfactory. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, Nora JamiesOn Acting Plans Analyst Development Services Section Extension 5259 NJ/ F:\PRS\NORA259\PUBLIC\A24-01 .WPD DURHAM REGIONAL POLICE SERVICE 39 MEMORANDUM Thursday, Ma)f '!'t, 20133 TO: Inspector S. Whiteway, Sgt. M. Chesson Ajax-Pickering Community Police Office FROM: · PC. L. Waldman Community Resource Unit Ajax-Picketing Community Police Office SUBJECT: Zoning By-law Amendment Application A 24/01 Cougs Investments Limited Part of Lot 19, Concession 1 South-west corner of Brock Road and Finch Avenue City of Picketing Inspector Whiteway and Sergeant Chesson; With regards to our recent meeting concerning the above proposal, I find that as we had discussed our primary concern is with the driveway onto Brock Road from the proposed site. As outlined in the correspondence from Sernas Transtech to Mr. Couglan, and stated on page 5 (five), there is a need for a raised island in this driveway to channel vehicles for Right in and Right out access to and from this site. The' raised island is shown in figure 4 (four) on the last page of the Sernas Transtech correspondence and just preceding the appendix. The raised island is not shown or noted on the larger Site Plan drawn by Northgrave Architect Inc. which causes concem as to whether the raised island will be incorporated into the plan. The concern of the writer is, without the island vehicles exiting via the Brock Road driveway will attempt to make ~eft turns. This would add to the congestion. dudng rush hour periods and raise the probability of vehicle collisions at this well traveled and high volume roadway. Aside from the aforementioned concern after examining the provided correspondence and plans, I could find no other area of immediate concern with regards to this site: Respectfully submitted PC L Waldman # 770 Traffic Safety Co-ordinator Ajax I Pickering Community Police Office VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW 41 Multi-Tenant Ag~eem~t must be eat~ed i~m and may be registered o~ rifle as p~t of ~e se~&g =eq~mts. Leg~. costs fo~ ~s ~ be ch~ged m thc App~cant, Will not att~d scheduled ~W ofPickc~g D~T Mee~g for ~s devdopment sub~ssion ci~ dcsi~l so ~t Vcfi~n Colmecfion~ may prcp~e an dec~cal deai~ ~d m Offer to So.ce. All of thc above conditions of ~e~ice a~e sul~ject to Ont~o ~e~ Ba~d (OEB) approv~ Tectzrdcal I{.~p~escuta6w - Dave Bell Te}.ephoae 42%9870 Ext, 3233 AUG 2 2 2002 CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT Right of Way Bell Floor 5,100 Borough Drive $carborough, Ontario M1P 4W2 Tel: (416) 296-6291 1-800-748-6284 Fax: (416) 296-0520 August 6, 2002 Town of Pickering Planning Department 1 The Esplande, Pickering, Ontario I_ !V 6.K~. ~ACHMEU'ir,~, i'~::' .TO REPORI' ~' PD ...... ,~ 7 ' <~ ~ Attention: Ross Pym RE: Zoning Amendment SW comer of Brock Rd and Finch Ave Cougs Investments Ltd File No: A24/01 Town of Pickering Thank you for your letter of July 11, 2002 concerning the above site application. Please be advised: The Owner shall agree in the Zoning Amendment, in words satisfactory to Bell Canada, any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisiOn. The Owner shall be req~iested to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions aide imposed, the owner shall advise the municipality of the arrangement made for such servicing. 3 - Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the electrical room and one or more conduits from the electrical room to street line. If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for re-arrangements or relocation. If you have any questions, please contact Heather Rivet at (905) 433-3066. Yours truly, ~'/ ~aanr~; eYr°.ul~ igg h t o f Way ' DELIVERY PLANNING 1860 MIDLAND AVE 2ND FL. SCARBOROUGH ON M1P 5Al August 13, 2002 Mr. R. Pym Planning & Development Dept City of Picketing 1 The Esplanade Pickering On L1V 6K7 Dear Mr. Pyro, RE: Zoning By-law Amendment Application A24/01 COUGS INVESTMENTS LIMITED Southwest comer of Brock Rd and Finch Ave Part of Lot 19, Concession 1 City of Pickering Thank you for the oppdrmnity to comment on the above application. The delivery mode for the multiple occupancy building will be a central mail facility, i.e. Mailroom. The developer/owner is responsible for the following: To supply, install and maintain a central mail facility to Canada Post Corporation specifications; Ensure that all mail equipment is installed in a location that is readily accessible to the occupants and Canada Post delivery personnel; Ensure that all mail is accessible by persons with physical disabilities The delivery mode for the townhouses may also be centralized mailboxes. Please have owner contact me at 416-285-5385 to discuss mail delivery options. Sincerely, Debbie Greenwood Delivery P1 anner 44 May 2, 2003 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM To: From: Subject: Ross Pym Principal Planner- Development Review Robert Starr Supervisor, Development Control Zoning By-law Amendment Application A24/01 Cougs Investments Limited Part of Lot 19, Concession 1 Southwest corner of Brock Rd. and Finch Ave. City of Pickering We have reviewed the above-noted application and provide the following comments: 1) A Construction Management Plan and Erosion and Sediment Control Plan will be required for this site that will need to address items as indicated on the attachments provided. 2) A Stormwater Management Report will be required to address servicing and quality control for the site. 3) 4) 5) Should an additional lane be required on Brock Road to accommodate the Brock Road access, we would require the sidewalk (and bicycle path) to maintain a similar off-set from the curb, as is existing, and so the sidewalk would need to be relocated accordingly. When Brock Road is widened to utilize the road widening taken with this development, the sidewalk will be relocated to 0.3m east of the new west street line. The proposed parking area north of the sales pavilion appears to be too close to this street line and could conflict with the sidewalk location. The location of the balconies on the east side of the southerly 7 store/building may also conflict with the future sidewalk and/or utility within the road allowance. The City of Pickering has recently passed a Fill and Topsoil Disturbance By- law which restricts certain works on this site until agreements are in place or a Fill/Topsoil Permit has been issued. Cougs Investments Limited - A24/01 May 2, 2003 Page 2 4,5 A copy of that By-law No. 6060/02 and the Permit are provided with these comments and should be forwarded to the Applicant. RS:bg Attachment Copy: Coordinator, Development Approvals Technician, Development Approvals Development Control Inspector Robert Starr May 2, 2003 To: From: Subject: OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM , Ross Pym, MCIP, RPP Principal Planner- Development Review CiTY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Zoning By-law Amendment Application A24/02 Cougs Investments Limited Part of Lot 19, Concession 1 Southwest corner of Brock Road and FinCh Avenue City of Pickering The Municipal Property & Engineering Division is in receipt of the above noted revised site plans for the above noted property with deduced number of dwelling units. Our comments of August 6, 2002 (copy attached) remain unchanged. With respect to this revised application, this Division adds the following comments. The site plan does not illustrate the recommendations for the right-in/right-out channelized driveway into Brock Road. Plans must illustrate how the sidewalk will be accommodated. The plan indicates no surface vehicular access to the townhouse units for waste collection, emergency vehicles, etc. A storage building for waste and recycling is' required in order for the City to provide collection for the townhouse units. In order for the parking provision to work, there must be forty-three identified visitors park spaces above grade. This would require some townhouse residents to park below grade and have access to their-unit. It cannot be determined by this plan if this is planned. 4. The Traffic impact assessment on Regional Roads will need to be deemed acceptable by the Region. Reducing Finch Avenue (eastbound to one lane 65m west of Brock Road will adversely impact traffic flow during peak hours. RH:ds /~hard Holb~n, P. Eng. Attachment Copy: Director, Operations & Emergenc~ Services RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 3/03, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 26-03, to amend the zoning of the lands to allow for a building to be constructed outside of the "Build-to-Zone" and provide a revised parking ratio, submitted by Dineen Construction Limited, on behalf of the owner, Emix Holding Limited, on lands being Part of Lot 234, Concession 1 (40R-12678, Parts 6 to 9), City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 3/03, as set out in Appendix I to Report Number PD 26-03 be FORWARDED to City Council for enactment. That Council direct staff to obtain a financial contribution toward future road construction within or adjacent to the subject property through the Site Plan Approval process. 48 PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 26-03 Date: June 6, 2003 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 3/03 Emix Holding Limited 1101 Kingston Road Part of Lot 24, Concession 1 (40R-12678, Parts 6 to 9) City of Pickering Recommendation: That Zoning By-law Amendment Application A 3/03, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 26-03, to amend the zoning of the lands to allow for a building to be constructed outside of the 'Build-to-Zone' and provide a revised parking ratio, submitted by Dineen Construction Limited, on behalf of the owner, Emix Holding Limited, on lands being Part of Lot 24, Concession 1 (40R-12678, Parts 6 to 9), City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 3/03, as set out in Appendix I to Report Number PD 26-03 be FORWARDED to City Council for enactment. That Council direct staff to obtain a financial contribution toward future road construction within or adjacent to the subject property through the Site Plan Approval process. Executive Summary: The applicant requests a change to the zoning by-law to permit a proposed office building to be constructed outside of the 'build-to-zone' established in the existing by-law, and to revise the parking requirements for the development. The property is located east of the Smitty's Furniture Mall, west of TNT Trucking (formerly Schindler Elevator), south of Kingston Road and north of Highway 401 (see Location Map, Attachment #1). The applicant is proposing a three-storey commercial office building of approximately 4800 square metres of gross leasable floor area (see Attachment #2 - Applicant's Proposed Plan). For marketing reasons, they wish to site the building close to Highway 401 and are consequently unable to comply with existing zoning provisions which require the building to be sited within a specific 'build-to-zone', close to an internal street corner (see Attachment #3 - Build-to-Zones). Report PD 26-03 Subject: Emix Holding Limited (A 3/03) Date: June 6,2003 Page 2 49 Staff support this amendment, as suitable corner treatment can be achieved through alternative measures in the site plan approval process, including a landscape feature area constructed within the corner 'build-to-zone'. Parking requirements suitable for the proposed development can be achieved through the sharing of spaces on the adjacent property to the west (Smitty's Furniture Mall). Further, to support future road construction initiatives in compliance with the Council approved Town Centre West Guidelines, it is recommended that a financial contribution be required for this purpose from the developer. It is recommended that the application be approved, that the draft by-law be forwarded to Council for enactment, and that the applicant be required to provide a financial contribution toward future road construction within the Town Centre West Neighbourhood through the Site Plan Approval process. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 At March 20, 2003 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #4 and #5) 1.2 Counsel of Adjacent Landowner application controlling development would like to be part of the process no communication with Emix Ltd. Agencies: Durham Region Planning Department Toronto & Region Conservation Authority Ministry of Transportation Agent of Applicant - requesting relief from specific conditions; being parking and 'build-to-zone'; - requires better exposure to 401 - application conforms with Regional Official Plan; - no provincial interests (see Attachment #6); - no concerns (see Attachment#7); no objection in principle, but would require Ministry permits to develop within 46 metres of Ministry property (see Attachment #8); 50 Report PD 26-03 Subject: Emix Holding Limited (A 3/03) Date: June 6, 2003 Page 3 1.3 City Departments: Economic Development 2.0 Discussion supports the application, good visibility from 401 and must ensure treatment for the future planned internal road (see Attachment #9); 2.1 Future Road Construction to be partially secured through financial contribution from the landowner: The internal road network planned for the Town Centre West Neighbourhood is an integral component of development in this area and is necessary to adequately serve the needs of 'future residents and businesses. The system will provide internal linkage between various access points around the perimeter of the Town Centre West neighbourhood. The City of Pickering, through a previously executed agreement with Emix Holdings, has until June 2015 to acquire specific lands within and adjacent to the Emix lands for future road purposes (as shown on Attachments #10 and #11 - Roads A & E). Construction of portions of 'Roads A & E concurrent with this proposed commercial/office development, (as shown on Attachments #10 and #11 ) would: · initiate the implementation of the road pattern within the TCW Guidelines; · contribute to the alleviation of existing congestion at the Dixie Road intersection (Furniture Mall/Dairy Queen); · provide existing development to the east of the subject property (TNT Trucking) with an alternative to address conflicts with their shipping and receiving activities, directly opposite of the proposed three-storey office building and its shipping and receiving/refuse area; · encourage additional development in the area; · assist with overall site functioning. Emix Holdings does not agree that road construction should be required at this time. They advise that a requirement to construct their portion of 'Road A' and 'Road E' adjacent to the subject lands, (two sections, both 10 metres wide) simultaneous with development of the three-storey.commercial office building will jeopardize the project's financial viability. However, Emix Holdings has agreed to secure with the City a financial contribution toward road construction ~vithin or adjacent to their development area, through the site plan approval process. Emix requests that its contribution be part of a mutual agreement with the City, requiring the City to complete road construction upon drawing the security, with any additional financial costs being the responsibility of the City through future budgeting. Report PD 26-03 Subject: Emix Holding Limited (A 3/03) Date: June 6,2003 Page 4 2.2 Although the construction of municipal roads/portions of roads within the Town Centre West Neighbourhood would be beneficial to the continuing development of this area, there are .uncertainties respecting the design and impracticality of building only portions of roads. Further, assumption of roads by the City in this neighbourhood at this time would have significant budget implications including costs for snow clearance, street cleaning, road maintenance, and construction upgrades. The Planning & Development Department recommends that the City secure a financial contribution from Emix and use it for the future construction of roads within or adjacent to the development area. Also, the City should consider budgeting for road construction in the Town Centre West area as development progresses, on an incremental basis. A landscape structure will adequately meet the requirements of the 'Build-to-Zone' in the Development Guidelines. The Council approved Town Centre West Guidelines require that a prominent streetscape be achieved at corner locations through the use of 'build-to-zones' and this requirement is reflected in the current zoning. Following an evaluation of the Emix proposal, staff have concluded that a landscape structure/feature adequately meets the requirements of the 'build-to-zone' set out in the Town Centre West Development Guidelines. The guidelines state that 'build-to-lines' are to be interpreted as 'build-to-zones'. 'Bui'ld-to-Zones' are important controls when creating humanly scaled streetscapes. They establish prominence at street corners and create edges to primary pedestrian routes, both being important design elements of future streets in the Town Centre West Neighbourhood. No amendment is required to the Town Centre West Guidelines as 'build-to-zone' requirements may be interpreted to be satisfied through the introduction of either a 'structure' or a 'building'. Special landscape features, such as that proposed by Emix at the corner location, would qualify as a 'structure'. The current Zoning By-law only permits a 'building' or part of a building to be located within a 'build-to-zone'. A significant structure may adequately meet the intent of the 'build-to-zone' within the Town Centre West Guidelines. It is recommended that the Zoning By-law be amended to permit the requirements of a 'build-to-zone' to be satisfied through the construction of a 'structure' o_Er a 'building', subject to specific standards including: · a structure or building within a 'build-to-zone' shall have a minimum and maximum height; · a structure or building within a 'build-to-zone' shall cover a minimum percentage of the length of the 'build-to-zone'; 52 Report PD 26-03 Subject: Emix Holding Limited (A 3/03) Date: June 6, 2003 Page 5 2.3 Parking provisions can be achieved by combining a parking standard over .both the subject property and the property located to the west. Through analysis of both existing parking provisions for the site and the City of Picketing Parking Study, staff have determined that adequate parking will be available if parking is provided and calculated over both the SC-33 & SC-34 zoned properties. The abutting property to the west (SC-33) currently provides parking in excess of the minimum zoning standard. When this zoning standard is applied over both the SC-33 & SC-34 zones there is adequate parking to comply with requirements. Consequently it is recommended that the by-law be amended to require the calculation of parking based on the combined spaces provided over both the SC-33 & SC-34 zones. 3.0 Applicant's Comments The applicant is aware of the contents of this report and the draft by-law. Report PD 26-03 SUbject: Emix Holding Limited (A 3/03) Date: June 6, 2003 Page 6 Attachments: 1. Location Map 2. Applicant's Proposed Plan 3. Build-to-Zones 4. Information Report 5. Minutes from Public Information Meeting 6. Comments from Durham Region Planning Department 7. Comments from the Toronto & Region Conservation Authority 8. Comments from the Ministry of Transportation 9. Comments from the Economic Development Department 10. Town Centre West proposed Road Network 11. Roads subject to this application Prepared By: Approved / Endorsed By: Lynda Ta~ ' Manager, Development Review. Director, Planning & Development GXR:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council T~m~ J. Oui~, APPENDIX I TO REPORT NUMBER PD 26-03 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 3~03 THE CORPORATION OF THE CITY OF PICKERING.,~ BY-LAW NO. D~Fl Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 4621/95 to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 24, Concession 1, (40R-12678, Parts 6 to 9) City of Pickering. (A 3/03) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to change the zoning of the lands to allow for a building to be constructed outside of the Build-to-Zone and provide a minimum required parking ratio over SC-33 & SC-34 zones, on the subject lands, being Part of Lot 24, Concession 1, (40R-12678, Parts 6 to 9); City of Picketing. AND WHEREAS an amendment to By-law 3036, as amended by By-law 4621/95, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 55 1. TEXT AMENDMENT SECTION 5. Provisions of By-law 4621/95 is hereby amended, as follows: (1) Section 5.(3)(a)(i) is amended by replacing subclause B with the following subclause B, and by adding an additional subclause after subclause B which will be recognized as subclause C: B ' A structure or building may occupy the build-to-zone illustrated on Schedule I attached hereto; C A minimum of 45% of the length of the build-to-zone shall be occupied by a structure, or a minimum of 50% of the length of the build-to-zone shall be occupied by a building, both illustrated on Schedule I attached hereto; (2) Section 5.(3)(a)(ii) to be deleted and replaced with; (3) (ii) Arbour Structure and Building Height: A Minimum Building Height: B Maximum Building Height: Minimum Arbour Structure Height: C D 2 storey or 6.5 metres 4 storey or 13.0 metres 4.5 metres entirely or partially located within the Build-to-Zone. Maximum Arbour Structure Height: 6.5 metres entirely or partially located within the Build-to-Zone. Section 5.(3)(b) is amended by replacing subclause (ii) and subclause (iii) with the two following subclauses (ii) and (iii); (ii) when parking is calculated and provided SC-33 and SC-34 zones shall be combined; (iii) a minimum of 168 parking spaces for the first 9,800 square metres of gross leasable floor area, plus a minimum of 3.0 parking spaces per 93 square metres of gross leasable area or part thereof in excess of 9,800 square metres of gross leasable floor area; 56 -2- 2. BY-LAW 4621/95 By-law 4621/95 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. EFFECTIVE DATE This By-taw shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this of ,2O03. day Wayne Art;i;i~ Bruce Taylor, Clerk 57 _- I_~z~z~---~, j_ II//~E ~ ~~ ~ ~,------ -----:~ ,~ L... ~ C,x~ ! ~o? : PROPERTY Git¥ of Pickorin~ ~lanning & Dovolopmont Dopartmont PROPERTY DESCRIPTION ~RT OF LOT 24, CoN~Es$1ON 1, ~I~N 4flR-12578, PA~T 6-0 OWNER EMIX HOLDINGS LTD. DATE FEB. 11, 2003 DRAWN BY JB APPLICATION No. A03/03 SCALE 1:5000 CHECKED BY GR FOR DEPARTMENT USE ONLY PN-8 PA- 58 #------__TO INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN A03/2003 F~JTUf~ ~T~ET PROPOSED BUILDING THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION,FEBRUARy 11, 2003, 10,Om ~0. City of Pickering ...... BUILDING ENVELOPE ~ BUILD-TO-ZONE ~ BUtLDIN0 FOOTPRINT Planning & Development Department DATE MAR. 3, 2003 9 60 PICKERING INFORMATION REPORT NO. 10-03 FOR PUBLIC INFORMATION MEETING oF March 20, 2003 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 03/03 Emix Holdings Limited 1101 Kingston Road Part of Lot 24, Concession 1 (40R-12678, Parts 6 to 9) City of Pickering 1.0 2,0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 1.01 hectares in size, and located on east of Dixie Road and south of Kingston Road (see Attachment #1 - Location Map); - Smitty's Furniture Mall is located to the west and Schindler Elevator to the east of the subject property; - residential uses are located to the north (north side of Kingston Road) and Highway 401 to the south. APPLICANTS PROPOSAL the applicant proposes to amend the existing zoning on the subject lands to allow for permitted uses to be constructed outside of the "Build-to-Zone" and to reduce the minimum required parking ratio; a three-storey commercial office building of approximately 5454 square metres of Gross Floor Area (4800 square metres of Gross Leaseable Floor Area) is being proposed for the property (see Attachment #2 - Applicant's Submitted Site Plan); Information Report No.10-03 Page 2 6_1. 3.0 3.1 3.2 3.3 3.4 OFFICIAL PLAN AND ZONING Durham Reqional Official Plan the Durham Regional Official Plan identifies the subject lands as being designated "Special Policy Area"; this designations goal is to maximize the areas highway exposure as a main street and gateway to the Region; intensify development in a manner that will not adversely affect similar development within the Main Central Areas of the City of Pickering; the applicant's proposal appears to comply with this designation. Pickerinq Official Plan - the subject property is designated "Mixed Use Areas -'Mixed Corridor" within the Town Centre Neighbourhood; - this designation permits a wide range of residential, retailing of goods and services, offices, restaurants, community, cultural and recreational uses; .- Schedule II of the Pickering Official Plan -"Transportation Systems" designates Kingston Road as a Type B - Arterial Road and Dixie Road (southern extension) as a Local Road; Town Centre West Guidelines adopted by City of Picketing Council on February 20, 1995; identifies matters such aS, Land Use Categories, Road Networks, Densities, and Engineering Issues; along with Urban Design Guidelines such as, Setbacks and Build-to-Lines, Building Heights, Vehicular Circulation, Access, and Parking; the applicant's pr°posal may require a modification to the Town Centre West Development Guidelines to address building outside of the identified Build-to- Zone. Zoninq By-law 3036 - the subject property is currently zoned "8C-34" - Special Purpose Commercial by By-law 3036/00, as amended by By-law 4621/95; - the current zoning permits the following uses: · Business Office [] Commercial Recreation Establishment · Duplicating Shop · Financial Institution · .Furniture or Major Appliance Store · Home Improvement Centre · Light Machinery and Equipment Supplier 62 Information Report No.10-03 Page 3 4.0 4.1 4.2 4.3 · Place of Amusement/Entertainment · Professional Office · Restaurant-Type B - the proposed use (office) is permitted by By-law 3036/00, as amended by By- law 4621/95 as Business Office; - the current zoning requires that a minimum of 50% of the length of the Build- to-Zone shall have a building or part of a building located on it; - the current parking ratio on the site requires that 3 parking spaces be provided for every 93 square metres of Gross Leaseable Floor Area; - a zoning amendment is required for this property in order to permit the proposed three-storey building to be built outside of the Build-to-Zone and to reduce the minimum parking ratio. (see Attachment #3 - Proposed Building & Build-to-Zone). RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to date; Agency Comments - no agency comments have been received to date; Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: Use the compatibility of the proposed development with existing uses within the area; Town Centre West Guidelines evaluation of the "Build-to-Zones" as identified in the Town Centre West Development Guidelines. The applicant's proposal contradicts the Town Centre West Guidelines with respect to the "Build-to-Zones" and it has yet to be determined if modifications are necessary; · examine whether a structure would meet the intent of the "Build-to-Zone"; · examine whether future road patterns can be accommodated through the site plan proposal; Information Report No.10-03 Page 4 63 5.0 6.0 6.'! 6.2 Parkin_q · examination of the minimum parking standards for the site/zone to determine if the site will function given the number of uses permitted on site; · to determine if permitted uses would have to be limited due to the proposal for reduced parking ratio; Special Regulations · examine the special regulations of the current zoning by-law to ensure that Gross Leaseable Floor Limitations are appropriate; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received - full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; 64 Information Report No.10-03 Page 5 6.3 Property Principal - the principal of Emix Holding Limited is W.A. Hepfer (President); ORIGINAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski Planning Technician GXR:jj Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 10-03 65 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) (2) Planning & Development Department; Pickering Fire Service; 66 Excerpts from Statutory Public Information Meeting Thursday, March 20, 2003 :: ;~:. :~ 3 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the 'Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (11) ZONING BY-LAW AMENDMENT APPLICATION A 03/03 EMIX HOLDINGS LIMITED 1101 KINGSTON ROAD PART OF LOT 24, CONCESSION 1 .(40R-12678, PARTS 6 TO 9) Geoff Romanowski, Planning Technician, provided an explanation of the application, as outlined in Information Report #10-03. Julius DeRooter, on behalf of the applicant, advised that this application has been submitted requesting relief from site specific conditions including the placement of the building and number of parking spaces. The by-law requires the building to be placed at the north end of the site and due to highway exposure the applicant would like it to be placed on the south portion of the site close to Hwy. 401. The by-law further requires an additional five parking spaces but due to the building configuration and landscaping they are requesting relief from this condition. Michael Silver, Counsel and part owner of the adjacent property stated their concern that this application is controlling development of the area and would like to be part of the process in how this land is developed. He advised that there has not been any communication with Emix Holdings Ltd. Julius DeRooter, advised.that this application is for an allowable use, they are just requesting relief from two by-law conditions. The Regional Municipality of Durliam Planning Department 1615 DUNDAS ST. E. 4TH FLOOR, LANG TOWER WEST BUILDING P.O. BOX 623 WHITBY, ON L1N 6A3 "-'~,05) 728~7731 ~: (905) 436-6612 www, region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning "SERFICE EXCELLENCE for Ou/; ! ~O21IM. UNITY' May 6, 2003 Geoff Romanowski, Planning Technician Planning & Development Department One the Esplanade Pickering, Ontario LIV 6K7 Dear Mr, RomanowSki: Re: Zo'ning Amendment APplication A 03/03 Applicant: Emix Holding Limited Location: 'Part of Lot 24, Concession 1 1101 Kingston Road MUnicipality: City 'of'Pickering 6? CE VE'D CiTY OF PiCKERING PLANNING & DEVELOPMENT DEPARTMENT We have reviewed.this application and the f.ollowing comments are offered with respect to the DurhamRegional Official Plan,-the proposed method of servicing, and the delegated provincial plan review responsibilities. The application, proposes to amend'the.existing~ zoning on the subject lands to alloW for permitted uses.to 'be constructed outside of the'"Build- to-Zone" and to reduce the minimum required parking ratio. Durham Reqionai Official Plan The. subject lands are.designated "Special Policy Area A" in the Durham Regional Official Plan. This area contains a mixture of residential, retail', personal service'and industrial.uses. Development.shall be intensified in · a manner that will :not adversely affect similar development.within the Main Central Area of the. City of Pickering. The improvement of its visual impact frOm Highway 401 and. Highway 2 shall'be 'a major consideration in the development of.this area. Municipal Servicin,q Municipal water supply and sanitary sewer service is available to the subject property. Provincial Plan Review Responsibilities iThe application has been screen~.d in accordance with the provincial . plan review 'responsibilities. -No provincial interests are affected by the proposal. 100% Post Consumer 68 Page '2 If you have' any questions or.. require additional information please call me, Yours truly¢ Ray Davies, Planner Current Operations .Branch · cc. Rob Roy, DUrham Region Works. Department R:\training',rd~zoping',pickering aO3-O3.dgc CoE)I~ONTO'AND REGION nservauon for The Living City April 23, 2003 Mr. Tyler Barnett Senior Planner - Site Planning City of Pickering Picketing Civic Complex One The Esplanade Picketing, ON L1V 6K7 X REF CFN 34197.01 CFN Dear Mr. Barnett: Re: Site Plan Application S02/03 Emix Holdings Umlted Part Lot 24, Concession 1 (1101 Kingston Road) City of Picketing 69 The Toronto and Region Conservation Authority (TRCA) has reviewed the above.noted site plan application, received March 13, 2003, and offers the following comments: This site plan application involves the construction of a three storey office building on the subject lands, located between Highway 401 and Kingston Road, east. of Dixie Road. A previous application for a zoning by-law amendment has been reviewed by this office and preliminary comments were sent to the City of Pickering on March 11,2003, A preliminary digital data review of the subject, property identified a watercourse and associated valley on the east side of the subject property which was to be impacted by the proposed, development. A site visit was thus conducted on April 17, 2003, in order to determine the extent of the natural feature. Through the site visit, it was determined that the feature contained little to no stream flow. and no hydrophytic vegetation, and.thus was deemed to be a relatively inactive drainage swale. That said, this office continues to have an interest in the stormwater management design for the subject property. While peak flow control is adequately addressed in the submitted Stermwater Management Report, measures addressing water quality management have not yet been identified, Technical staff of this office recommend that an oil and grit separator sized for Level I treatment be included as part of the stormwater, management design for the site. While the TRCA promotes further stormwater management review by the City cf Pickering, this office has 'no objections to the approval of the site plan application, or the zoning by-law amendment. By copy of this letter, please advise the applicant that the TRCA has implemented a fee schedule for the development/planning application review services. This application is subject to a $150 preliminary analysis fee. For further clarification, the applicant should contact TRCA Development Services staff. We trust this should be of assistance. If you have any further questions or concerns, please do not hesitate to contact the undersigned, 5 Shorehzm Drive, Downsview, Ontario M3N 154 (4'1 ?0 Tyler Barnett -2- April 23~ 2003 Yours truly, Kirsten Kontor Plans Analyst Development serVices Se~on Extension 5370 c,c. .Dineen Construction'Corporation F~\PRS\Kimt370~C~mman~s\emix hol~ings_2.wpd TOTRL P.03 uu~zuuN M~N~EMENT P~G~ 02/B2 Minl,~y. of Trnn~l~rts E-mail: (416) 235-4572 (416) 235-,4267 iSugh, lyf'feature.gev, on.e a 71 Ontario Corridor Management Office 7th Floor, "Building D" 1201 Wilson Avenue ~M 118 Mr. B~or, A,M.C.T. CJerlrrs Division Adminiswation Department City of Picketing One ~c Esplanade ?icku-r/u,g, Ontario LIV 6K7 Zoning Amendment Application -~A03/03 1101 Kingston Rd. Part of Lot 24, Concession 1 (40R-12678, Parts 6 to 9) City of Pickering Re: March04, 2003 Dear Mr. Taylor The Ministry has no objection in principle to the above application, however note our comments that follow: The City of Picketing and the Applicant should be made aware, that prior to any construction being u~dertaken, ministry permits are required for developments w/thin 46m of ministry property. Further inform_-adon on our permit requirements is available from om- of_rice by contacting Mr. Ken Sherbanowski, Officer., at 416-235-5560. ?2 ADMINISTRATION DEPARTMENT CORPORATE. PROMOTIONS & ECONOMIC DEVELOPMENT MEMORANDUM April.2, 2003 To: From: Subject: Geoff Romanowski Planning Technician Ron Taylor Economic Development Officer Zoning By-law Amendment Application A 03/03 - Emix Holdings Limited (1101 Kingston Road) - File: D-3300-001 A?R - 3 2003 CiTY OF PICKERING .PLANNING & DEVELOPMENrf DEPARTMENT Our Division has reviewed the above-noted application, and suppods the aPplicant's proposal. The proposed location of the building will make it highly visible from Highway 401, adding to a desired visible cluster of office buildings existing and/or encouraged to be located along that corridor. The presence of high quality office facilities in and surrounding the City's Downtown are an important source of local employment, while providing day population within the City to utilize and visit surrounding local businesses. The proposed treatment of the northeast corner of the subject lands is necessary in order to ensure a quality streetscape along the future planned internal road network for the Town Centre West neighbourhood, where prestige employment uses will be encouraged to locate. RST:LW:kr Copy: Manager, Corporate Promotions & Economic Development J:\P&ECO\S HARE~Development\D-3300.O01~-n3040201 .doc 0 Z) -~ ri 'q NVq 900d~3AIq J. F1 N'qV/V~ L;blVSNNQ OVO;~ 31XIO ZD.O -wO w w RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Finance & Operations Committee Report dated June 23, 2003, be adopted. CARRIED: MAYOR ?6 June 16,2003 To: From: Subject: PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM Bruce Taylor City Clerk Ross Pym Principal Planner- Development Review Draft Amending By-law for Zoning By-law Amendment Application A 24/01 Cougs Investments Limited Part of Lot 19, Concession 1 (South-west corner of Brock Road and Finch Avenue) On June 23, 2003, the Finance & Operations Committee will consider a recommendation for approval of Zoning Amendment Application A 24/01 to permit the development a 140 unit apartment building and 30 townhouse dwelling units on the subject lands. This item is scheduled for the Council meeting also on June 23, 2003. If Finance & Operations Committee and Council both adopt the recommendation for approval at their June 23, 2003 Meeting, Council may consider the attached Zoning By-law later on at the same meeting. A Statutory Public Meeting was held for this application on August 8, 2002. Please note that this by-law may be given all three readings at the June 23, 2002 Council Meeting, provided Council approves the above-noted application earlier that same Meeting. The purpose and effect of this by-law is to permit the development of a 140 unit apartment building and 30 townhouse dwelling units on the subject lands. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. DireCtor, ~evelopment RP:jf Attachment Ross Pym, MCIP, RPP ¢~7' ' Principal Planner- Development Review CORPORATION OF THE CITY OF PICKERING 7 7 BY-LAW NO. 6'~ 53/03 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 19, Concession 1, in the City of Picketing. (A 24/01) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 4081/92, amending By-law 3036, to permit the establishment of an apartment residential, senior citizens apartment residential, hotel, banquet hall, office, office support commercial and hotel support commercial uses on the subject lands AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 3036, as amended by By-laws 4081/92 to permit an apartment building and townhouse uses on the subject lands; AND WHEREAS an amendment to By-law 4081/92 to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, Concession 1, designated "RH/MU-5" on Schedule I attached hereto. 3. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. Text Amendment (1) Section 4. DEFINITIONS, adding in a new definition after number (10) being a new number (11) and renumber the rest of the definitions in this Section so that the new number (11) will be the following: (11) "Multiple Dwellin.q-Hodzontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above-grade wall or walls; (2) Section 5. PROVISIONS, Subsection (2) Uses Permitted ("LCA-9 Zone) of By-law 4081/92, is hereby amended by deleting this Subsection and replacing it with the following: (2) (a) Uses Permitted "RH/MU-5" Zone No person shall within the lands designated "RH/MU-5" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Multiple Dwelling - Horizontal (ii) Multiple Dwelling - Vertical (3) (b) Zone Requirements ("RH/MU-5"Zone) No person shall within the lands designated "RH/MU-5" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) 'BUILDING HEIGHT A (maximum): 7 storeys, for any multiple dwelling-vertical; and, 3 storeys for any multiple dwelling-horizontal; B (minimum): 5 storeys, for any multiple dwelling-vertical; (ii) BUILDING LOCATIONS: Not withstanding any other requirements of By-Law 3036, as amended, the following requirements shall regulate building locations on lands zoned "RH/MU-5". A; For multiple dwelling-vertical building the minimum yard depth from' Brock Road shall be 2.0 metres and the maximum yard depth from Brock Road shall be 4.5 metres; B: For multiple dwelling-vertical building the minimum yard depth from Finch Avenue shall be 2.0 metres and the maximum yard depth from Finch Avenue shall be 4.5 metres; C: For multiple dwelling-horizontal building the minimum yard depth from the western lot line shall be 6.0 metres; D: For multiple dwelling-horizontal building the minimum yard depth from the southern lot tine shall be 6.0 metres; E; Notwithstanding any other requirement of this By-law, balconies on a multiple dwelling-vertical building may project into any minimum yard depth to a maximum projection of 1.5 metres; (iii) NUMBER OF DWELLING UNITS A: The maximum number of multiple dwelling-vertical units shall be 140 dwelling units; B: The maximum number of multiple dwelling-horizontal units shall be 30 dwelling units; Section 5. PROVISIONS Subsection (3) Parking Requirements of By-law 4081/92, is hereby amended.by deleting paragraph (d) and replacing it with the following: (d) For lands designated "RH/MU-5". (i) For a multiple dwelling-vertical use there shall be provided and maintained on the lot a minimum of 1.5 parking space per dwelling unit for residents and 0.25 parking spaces per dwelling unit for visitors; -3- 79 (ii) For a multiple dwelling-horizontal use there shall be provided and maintained on the lot a minimum of 1.5 parking space per dwelling unit for residents and 0.3 parking spaces per dwelling unit for visitors. (4) Section 5. PROVISIONS Subsection (4) SPECIAL REGULATIONS of By-law 4081/92, is hereby deleted. BY-LAW 3036 By-law 3036, as amended BY By-law 4081/92, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this 23 day of 0une ,2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 8O RH/MU-5 CONCESSION ~ PART LO1' SCHEDULE T TO BY-LAW 6153/O3 PASSED THIS 23 DAY OF ~ u n e 2003 MAYOR CLERK ~-L~ ~~-~ ~-- - -- ~ =_ ~ I -.~3h'-, =- L_,~ , ~' FINCH AVENUE x x "~ '.2-'"' L_J ~ '-------L_~ m _= City of Pickering Planning & Development Department I B~'r~ JUN~ 5, 200~ 8l PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM June 18,2003 To: From: Subject: Bruce Taylor City Clerk Geoff Romanowski Planner I Zoning By-law Amendment Application A 03/03 Emix Holdings Limited 1101 Kingston Road Part of Lot 24, Concession 1 (40R-12678, Pads 6 to 9) City of Picketing On June 23, 2003, Finance & Operations Committee will consider a recommendation for approval of Zoning By-law Amendment Application A 03/03 to amend existing zoning of the subject lands to allow for a building to be constructed outside of the 'Build-to-Zone' and provide a revised parking ratio. This item is scheduled for the Council meeting also on June 23, 2003. If Finance & Operations Committee and Council both adopt the recommendation for approval at their June 23, 2003 Meeting, Council may consider the attached Zoning By- law later on at the same meeting. A Statutory Public Meeting was held for this application on March 20, 2003. Please note that this by-law may be given all three readings at the June 23, 2003 Council Meeting, provided Council approves the above-noted application earlier that same meeting. If you require further assistance or clarification, please do not hesitate to contact me at extension 2188 I concur that this by-law be conside, r.,ed at ~e. Neil Carro~ Director, Planning & Development GXR/ Gromanowski/zoning/rez~ning/a 18/memotoc~erks.doc Attachment THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 4621/95 to implement the Official Plan of the City of Picketing Distdct Planning Area, Region of Durham in Part of Lot 24, Concession 1, (40R-12678, Parts 6 to 9) City of Pickering. (A 3/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to allow for a building to be constructed outside of the Build-to-Zone and provide a minimum required parking ratio over SC-33 & SC-34 zones, on the subject lands, being Part of Lot 24, Concession 1, (40R-12678, Parts 6 to 9); City of Pickering. AND WHEREAS an amendment to By-law 3036, as amended by By-law 4621/95, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT SECTION 5. Provisions of By-law 4621/95 is hereby amended, as follows: (1) Section 5.(3)(a)(i) is amended by replacing subclause B with the following subclause B, and by adding an additional subclause after subclause B which will be recognized as subclause C: B A structure or building may occupy the build-to-zone illustrated on Schedule I attached hereto; C A minimum of 45% of the length of the build-to-zone shall be occupied by a structure, or a minimum of 50% of the length of the build-to-zone shall be occupied by a building, both illustrated on Schedule I attached hereto; (2) Section 5.(3)(a)(ii) to be deleted and replaced with; (ii) Arbour Structure and Building Height: A B C Minimum Building Height: 2 storey or 6.5 metres Maximum Building Height: 4 storey or 13.0 metres Minimum Arbour Structure Height: 4.5 metres entirely or partially located within the Build-to-Zone. D Maximum Arbour Structure Height: 6.5 metres entirely or partially located within the Build-to-Zone. (3) Section 5.(3)(b) is amended by replacing subclause (ii) and subclause (iii) with the two following subclauses (ii) and (iii); (ii) when parking is calculated and provided SC-33 and SC-34 zones shall be combined; a minimum of 168 parking spaces for the first 9,800 square metres of gross leasable floor area, plus a minimum of 3.0 parking spaces per 93 square metres of gross leasable area or part thereof in excess of 9,800 square metres of gross leasable floor area; 83 2. BY-LAW 4621195 By-law 4621/95 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matter not specifically dealt with in 'this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval cf the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this ~: 3 day of ,] u n e ,2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 85 ...--<----~,z.,-----~lllllllllll//~o.. 3 ~-'-~ ~----~: __ ~ ~-~'- .., ..j __ J Z -- < ---- MEADOW Ii 0 ~ k \ \\\ ~ ~.~ / ~. \ ~ SUBJECT i,. City of Pickering Planning & Development Department .... pROPER'FY DESCRIPTION PART OF LOT 24, CONCESSION 1, PLAN 40R-12678, PART 6-9 OWNER EMIX HOLDINGS LTD. DATE FEB. 11,2003 APPLICATION No. A03/03 SCALE 1:5000I CHECKED BY GR FOR DEPARTMENT USE ONLY PN-8 PA- $6 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM June 18,2003 To: From: Subject: Bruce Taylor City Clerk Denise Bye Coordinator, Property & Development Services Request for Road Dedication By-Law 1441483 Ontario Inc. Parts of Lots 54, 55, 116, 117, Registrar's Compiled Plan 819, Pickering, designated as Part 1, Plan 40R-21830; Parts 3, 4, 8, 10, 11, 21 and 22, Plan 40R-21831 and Parts 1, 5, 7, 9, 15 and 16, Plan 40R-21832 Goldenridge Road - File: Roadded.424 On March 17, 2003, the above-noted developer entered into an Agreement with the City for the development of 10 residential lots. Prior to the registration of that Agreement, the City required the conveyance of several parcels of land for road and turning circle purposes, which once constructed, would provide frontage to the 10 residential lots. As the conveyances have all been made to the City and the developer has now completed the construction of the road and turning circle on these lands to standards sufficient to permit public access, a By-law should be enacted to dedicate them as public highway and legally name them Goldenridge Road. Attached hereto is a location map and draft By-law for the consideration of City Council at its meeting scheduled for June 23, 2003. DB:bg Attachments Denise Bye Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6! 55/03 Being a By-law to dedicate those parts of Lots 54, 55, 56, 58, 116 and 117, Registrar's Compiled Plan 1051, Pickering, designated as Part 1, Plan 40R-21830, Parts 3, 4, 8, 10, 11, 21 and 22, Plan 40R-21831 and Parts 1, 5, 7, 9, 15 and 16, Plan 40R-21832 as public highway and name them "Goldenridge Road". WHEREAS The Corporation of the City of Pickering is the owner of those parts of Lots 54, 55, 56, 58, 116 and 117, Registrar's Compiled Plan 1051, Pickering, designated as Part 1, Plan 40R-21830, Parts 3, 4, 8, 10, 11, 21 and 22, Plan 40R-21831 and Parts 1, 5, 7, 9, 15 and 16, Plan 40R-21832 and wishes to dedicate them as a public highway; and WHEREAS, pursuant to the MunicipalAct, the Council of a local municipality may pass By-laws for giving names to or changing the names of highways. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: those parts of Lots 54, 55, 56, 58, 116 and 117, Registrar's Compiled Plan 1051, Pickering, designated as Part 1, Plan 40R-21830, Parts 3, 4, 8, 10, 11, 21 and 22, Plan 40R-21831 and Parts 1, 5, 7, 9, 15 and 16, Plan 40R- 21832 are hereby dedicated as public highway; and those parts of Lots 54, 55, 56, 58, 116 and 117, Registrar's Compiled Plan 1051, Pickering, designated as Part 1, Plan 40R-21830, Parts 3, 4, 8, 10, 11, 21 and 22, Plan 40R-21831 and Parts 1, 5, 7, 9, 15 and 16, Plan 40R- 21832 are hereby named "Goldenridge Road". BY-LAW read a first, second and third time and finally passed this 23rd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 88 STROUDS LANE DEN CRES. SHADEMASTER -- DRIVE WELRUS STREET ROAD LN Ii~LJ...~..~ KINGSTON ROAD City of Pickering Planning & Development PROPERTY DESCRIPTION PART OF LOTS 54, 55, 56, 58,116 & 117, REGISTRAR'$ COMPILED PLAN 1051, PICKERING, DESIGNATED AS PART 1~ 40R-218301 PARTS 3~4,8110111~ 21 & 22 40R-21831 AND PARTS 1, $1 77 91 lS & 16 40R-21832 OWNER CITY OF PICKERING DATE JUNE 18, 2003/ DRAWN BY JB ROAD NAMING AND DEDICATION - GOLDENRIDGE ROAD SCALE 1:5000 t CHECKED BY DB FOR DEPARTMENT USE ONLY PN-7 PA- $9 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM June 18,2003 To: From: Subject: Bruce Taylor City Clerk Denise Bye Coordinator, Property & Development Services Request for Road Dedication By-Law - 1441483 Ontario Inc. - Parts of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Parts I and 2, Plan 40R-21838 - Helm Street Extension - File: Roadded.423 On March 7, 2003, the above-noted developer entered into an Agreement with the City for the development of one lot and the construction of a road (Helm Street extension) and turning circle fronting that lot. That Agreement was subsequently registered on May 5, 2003 as Instrument DR169703. As the developer has now completed the construction of the road and turning circle to standards sufficient to permit public access to the newly created lot, a By-law should be enacted to dedicate them as public highway and legally name them Helm Street. Attached hereto is a location map and draft By-law for the consideration of City Council at its meeting scheduled for June 23, 2003. DB:bg Attachments Denise Bye,/' Copy: Director, Planning & Development. Division Head, Municipal Property & Engineering Supervisor, Development Control 90 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6156/03 Being a By-law to dedicate those parts of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Parts 1 and 2, Plan 40R-21838 as public highway and name them "Helm Street". WHEREAS The Corporation of the City of Pickering is the owner of those parts of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Parts 1 and 2, Plan 40R-21838 and wishes to dedicate them as a public highway; and WHEREAS, pursuant to the MunicipalAct, the Council of a local municipality may pass By-laws for giving names to or changing the names of highways. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: those parts of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Parts 1 and 2, Plan 40R-21838 are hereby dedicated as public highway; and those parts of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Parts 1 and 2, Plan 40R-21838 are hereby named "Helm Street". BY-LAW read a first, second and third time and finally passed this 23rd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk COURT GLENANNA ROAD GABLEHUF ROAD STREET COURT CRESCENT UNA WOODRUFF HELM VOYAGER BONITA AVEN U E STROUDS LANE WINGARDEN CRES. HEDGEROW SHADEMASTER -- DRIVE City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 5, REGISTRAR'S COMPILED PLAN 819, DESIGNATED AS PARTS 1 & 2 , PLAN 40R-21838 OWNER CITY OF PICKERING DATE APR. 30, 2003 DRAWN BY JB FILE No. ROAD NAMING AND DEDICATION- HELM STREET SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-7 PA- 92 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6157/03 Being a by-law to authorize the execution of a Lease Agreement between the Corporation of the City of Pickering and TM Mobile Inc. (TELUS Mobility) for the leasing of those lands consisting of part of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, south of Hwy 7) for the purposes of installing and maintaining communications equipment. WHEREAS pursuant to the provisions of Section 110 (1) Municipal Act, S.O. 2001, c. 25, as amended, the Council of the CorPoration of the City of Pickering may enter into lease agreements for municipal capital facilities. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Lease Agreement in the form acceptable to the Solicitor for the City for a five-year (5) term ending December 31, 2008, between the Corporation of the City of Pickering and TM Mobile Inc., (TELUS Mobility). BY-LAW read a first, second and third time and finally passed this 23 day of June 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6158 /03 Being a by-law to approve and authorize the execution of an amendment made as of the 12th day of June, 2003 to the shareholders' agreement made as of the 28th day of September, 2001 amongst The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veddian Corporation, Veridian Connections Inc. and Veridian Energy Inc. WHEREAS The Corporation of the Town of Ajax ("Ajax"), The Corporation of the City of Belleville ("Belleville"), The Mun!cipality of Clarington ("Clarington") and The Corporation of the City of Picketing ("Pickering") entered into a shareholders' agreement (the "Shareholders' Agreement") made as of the 28th day of September, 2001 with Veridian Corporation, Veddian Connections Inc. and Veridian Energy Inc.; AND WHEREAS the parties to the Shareholders' Agreement wish to amend the same to (a) provide that the chair and vice-chair of Veridian Corporation may be any one of the nominees to its board; and (b) remove the provisions relating to an executive committee of Veridian Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATIONOF THE CITY OF PICKERING ENACTS AS FOLLOWS: That Council authorizes and approves the first amending agreement to the Shareholders' Agreement (the "First Amending Agreement") made as of the 12th day of June, 2003 amongst Ajax, Belleville, Clarington and Pickering, as the shareholders of Veridian Corporation, and Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. in the form of the draft agreement presented to Council and attached hereto as Schedule "A". That the Mayor and the Clerk are authorized to execute the First Amending Agreement. That the Clerk is authorized to affix the Corporate Seal of The Corporation of the City of Pickering to the First Amending Agreement. By-law read a first, second and third time and finally passed this 23rd day of June, 2003 Wayne Arthurs, Mayor Bruce Taylor, Clerk 93 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 61 59103 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1691 Picketing Parkway and 400 Kingston Road). WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1691 Pickering Parkway: Helene Ata Raymond Ata Emil Tabar b) 400 Kingston Road: Peter Alves Darren Little Eshantha Guneratna Delgado Cobourne Diane Diaz William Casey Kenneth Leversuch David Diaz Jonathan Muckle The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section l(a) ceasing to be employees of Japter Realty or upon Japter Realty ceasing to be an agent of 1691 Picketing Parkway or those persons listed in section l(b) ceasing to be employees of Nemesis Security Services inc. or upon Nemesis Secudty Services Inc. ceasing to be an agend of 400 Kingston Road. By-law 6058/02 is hereby amended by deleting David Hutchinson. BY-LAW read a first, second and third time and finally passed this 23rd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk